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01-23-06 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JANUARY 23, 2006 6:30 PM 1 Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the City Council Meeting to order at 6:32 PM Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber and Mark Thorsted. Absent: Councilmember Jessica Stockamp. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator, Andrew MacArthur, City Attorney; Daniel Licht, City Planner; Ron Wagner, City Engineer and Brad Belair, Public Works Director. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2 Consider agenda approval. Mayor Fournier requested to add Item 10.3. New Building Inspector; Item 8.2. I-94 Study Update; Item 11.3. Property at 85th and Parrish Avenue; Item 11.4. Kittredge Crossings Park; move Item 5.3. to Item 7.3; move Item 5.2. to Item 10.4; remove Item 5.5. for discussion. Mike Robertson requested to add under Item 11.5. Heritage Preservation Meeting. Dan Licht requested to move Item 7.1. and 7.2. to Consent Agenda Items. CM Scharber requested to move Item 5.6. to Item 6.2. Andy MacArthur requested to delete Item 13 from the agenda and add to the Workshop Meeting of February 1, 2006. CM Heidner motioned to adopt the January 23, 2006 City Council Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3 Consider the following minutes. 3.1. January 9 2006 City Council Meeting. CM Scharber motioned to adopt the minutes. Seconded by CM Heidner. All in favor. Motion carried. 4 Open Forum: (5 minute limit) Representatives from the Otsego Great River Riders (OGRR) were in attendance. Josh Butler reported their Club's membership is growing and the next meeting is at Timothy's on February 7, 2006. Kathy, member of OGRR, stated she will send the City copies of their minutes which show how they are educating members on City regulations. 5 Consent Agenda (Non -controversial items). 5.1. Approve Claims List. 5.7. Approve payment for $4,058.04 to SRF for Park Design. City Council Meeting of January 23, 2006. Page 2. 7.1. Approve Eugene and Dawn Goenner request for: a Rezoning from A-1 District to A-2 District. b. Conditional use Permit to allow for a lot less than 20 acres within an A-2 District. 7.2. Approve revised plans for Building E Waterfront East. Items pulled from Consent Agenda for discussion: 5.5. Approve Change Order No.2 for $29,518.00 for Otsego East Wastewater Treatment Facility. Morrie from Bonestroo went over the items in the Change Order. He said that all the work has been done. CM Heidner motioned to approve Items 1 and 2 in Change Order No. 2. Seconded by Mayor Fournier. All in favor. Motion carried. The Council requested that an engineer from Bonestroo attend the next City Council Meeting to explain the other items. CM Heidner motioned to adopt Items 5.1., 5.4., 5.7.1 7.1. and 7.2. under the Consent Agenda. Seconded by CM Thorsted. All in favor. Motion carried. 6. Public Works. 6.1. Purchase of Tractor. Brad Belair went over his request for the purchase of a tractor as outlined in his memo of January 18, 2006. The total bid is $60,553.49. If approved tonight it will take from 90 to 120 days for delivery. Money will come out of capital equipment fund and this was in the 2005 budget. Mayor Fournier motioned to adopt Resolution 2006-06 to purchase a John Deere 5425 Tractor and attachments from 2005 Minnesota Contract noting it was the lowest price. Seconded by CM Thorsted. Voting for the Motion: Mayor Fournier, CM Heidner and CM Thorsted. Abstained: CM Scharber. Motion carried. 10.2. Consider purchase of Building Department vehicle. Also under the 2005 Minnesota Contract Mike Robertson went over prices for a 2006 Chevrolet Pickup Truck for $21,124.25 and a 2006 Ford SUV for $20,044.35. He noted purchase of two pickups was in the 2006 Budget and asked if Council was okay with an SUV. The Council agreed with these purchases. 6.2. Approve Lawn Maintenance Agreement. Brad Belair said he has reviewed the revised Lawn Maintenance Agreement which includes all the changes the City Council had requested. CM Scharber motioned to approve the 2006 Lawn Maintenance Proposal dated January 12, 2006 with Superior Lawn. Seconded by CM Heidner. All in favor. Motion carried. Brad Belair recommended to the Council to purchase a grappler for the skid steer that they are using to clean Otsego Creek for approximately $2,200. City Council Meeting of January 23,.2006. Page 3. CM Heidner motioned to authorize Brad Belair to purchase the grappler. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner and CM Thorsted. Abstained: CM Scharber. Motion carried. 5.3. Ordinance 2006-01 re: Boulevard Maintenance. Dan Licht presented the Planner's Report and after Council discussion was directed to remove 5-7-9 and bring back to the Council. 8. Ron Wagner, City Engineer. 8.1. Consider Approving Plans & Specs and Order Advertisement for Bids for City Utilities Jacking under TH101 and.CSAH's. Ron Wagner presented the Engineering Report. Mayor Fournier motioned to adopt Resolution 2006-05 approving Plans and Specifications and ordering advertisement for bids for the construction of Improvement Project No. 06-07, TH 101, CSAH 37 and CSAH 42 Water and Sewer Boring and Jacking. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner requested a copy of the Financial Plan for payment of this project. 8.2. Freeway I-94 Study Update. Ron Wagner reviewed the report he received on the Albertville Traffic Study. He is having some new traffic counts taken. 9. Andrew MacArthur, City Attorney. PUBLIC HEARING 9.1. Vacating portion of a drainage and utility easement of Lot 1 Blk 1 in Otsego I-94 West Industrial Park Third Addition. Mr. MacArthur went over the reason for the requested vacation. Mr. Wagner explained his requested revision to leave right -a -way for a future street alignment. Judy Hudson attested that all proper noticing, publishing and posting was done. Mayor Fournier opened the Public Hearing at 8:03 PM. Hearing no public comments, Mayor Fournier closed the Public Hearing at 8:04 PM. CM Heidner motioned to adopt Resolution 2006-04 approving vacation of portion of a drainage and utility easement located on Lot 1, Block 1 in the Plat known as Otsego I-94 West Industrial Park Third Addition. Seconded by CM Thorsted. Voting For the Motion: Mayor Fournier, CM Heidner and CM Thorsted. Abstained: CM Scharber. Motion carried. 9.2. Riverwood National Addendum. Mr. MacArthur went over the addendum and Ron Wagner went over the recommended escrow amount for Kadler Avenue. The Council agreed this has been a difficult situation for the City and that the force main needs to be put in. The developer, Chris City Council Meeting of January 23, 2006. Page 4. Bulow stated he is willing to do whatever needs to be done and work with City Staff and that he agrees with the proposed Developer's Agreement Addendum. Mayor Fournier motioned to approve and sign the addendum to Riverwood National Developer's Agreement dated January 6, 2006 as submitted. Seconded by CM Thorsted. Voting for the Motion: Mayor Fournier, CM Heidner and CM Thorsted. Voting Against the Motion: CM Scharber. Motion carried three (3) to one (1). Motion carried. Mayor Fournier motioned to direct the City Engineer to prepare Plans and Specifications for a Force Main to along Kadler Avenue from Riverwood National Development to the Kittredge Crossings 10th Addition. Seconded by CM Thorsted. Voting for the Motion: Mayor Fournier, CM Heidner and CM Thorsted. Voting Against the Motion: CM Scharber. Motion carried three (3) to one (1). Motion carried. Mike Robertson said that there are two building permits for single family homes ready to go and asked the Council if they want to release them. One of these home owners, Rob and Jenny Volk, were in attendance and asked the Council to release their permit as they want to move to Otsego and need to be in their home by July 1, 2006 and they were not told about the delay in issuing building permits. Mayor Fournier motioned to release two building permits upon the developer completing the addendum and giving the escrow of $635,500 to the City. Seconded by CM Thorsted. All in favor. Motion carried. CM Scharber motioned to direct the City Staff not to issue any building permits in Riverwood National until the Force Main is hooked up and fully operable to the West Wastewater Treatment Plant. Seconded by Mayor Fournier. All in favor. Motion carried. Mr. MacArthur said he has heard from the State of MN in regards to the Darkenwald property that is to be transferred to them that they need the City to sign Consent to Construct. Mr. MacArthur said the City won't transfer this property to the State until the City receives the Municipal Agreement. Mayor Fournier motioned to authorize the execution of the Right to Construct Consent. Seconded by CM Heidner. All in favor. Motion carried. 10. Council Items. 10.1. Re -appoint Commissioners. CM Scharber motioned to reappoint Richard Nichols and Pam Black to the Planning Commission for Four Year Appointments; reappoint Rose Cassady to the Parks Commission for a Four Year Appointment and reappoint Phil Larsen City Council Meeting of January 23, 2006. Page 5. to the Police Commission for a Four Year Appointment. Seconded by CM Thorsted. All in favor. Motion carried. 5.2. Approve the date of April 20, 2006, 6:30 PM for the Board of Review. CM Scharber motioned to approve the April 20, 2006 Board of Review Date. Seconded by CM Heidner. All in favor. Motion carried. 10.3. New Building Inspector. Mike Robertson updated the Council on the progress of hiring a new Building Inspector. 11._ Mike Robertson, Citv Administrator. 11.1. Set Wellhead protection Public Hearing, April 10, 2006, at 7:00 PM. The Council agreed with this date but to change the time to 6:30 PM. 11.2. Population Estimate. Mike Robertson estimates Otsego's population at 11,800. 11.3. 85th and Parrish Street property for fire station The Council discussed sites in this area and directed Mike Robertson to look at land on the west side of CSAH 42. 11.4. Kittredge Crossings Park The Council agreed to add to the 2006 Park Plan a Park in Kittredge Crossings. 12. Judy Hudson, City Clerk. No updates. 14. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Thorsted. All in favor. Motion carried. Meeting adjourned at 10:08 PM. Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk/Zoning Adm.